Connecticut Seal

General Assembly

 

Raised Bill No. 305

February Session, 2018

 

LCO No. 1428

 

*01428_______PH_*

Referred to Committee on PUBLIC HEALTH

 

Introduced by:

 

(PH)

 

AN ACT REQUIRING THE LABELING OF PRODUCTS CONTAINING FLAME RETARDANTS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2018) (a) As used in this section:

(1) "Children's product" means a product, or article used as a component of a product, designed or intended primarily for use by or for children twelve years of age or younger, including, but not limited to, clothing, toys, nursing pillows, crib mattresses, changing pads and strollers. "Children's product" shall not include food, beverages, dietary supplements, pharmaceutical products, biologics, consumer electronics, off-highway motorcycles, all-terrain vehicles, children's toys that are subject to the most recent version of the American Society for Testing and Materials F963, Standard Consumer Safety Specification for Toy Safety, devices as defined by the federal Food, Drug and Cosmetic Act, 21 USC 321(h) or products governed by federal motor vehicle standards contained in 49 CFR 571.213 and 49 CFR 571.302, as amended from time to time;

(2) "Upholstered residential furniture" means furniture with padding, coverings and cushions intended and sold for use in the home or places of lodging;

(3) "Flame retardant chemical" means any chemical or chemical compound for which a functional use is to resist or inhibit the spread of fire. "Flame retardant chemicals" include, but are not limited to, halogenated, phosphorous-based, nitrogen-based and nanoscale flame retardants, and any chemical or chemical compound for which "flame retardant" appears on the substance safety data sheet pursuant to 29 CFR 1910.1200(g), as amended from time to time; and

(4) "Added flame retardant chemical" means a flame retardant chemical that is present in any children's product or upholstered furniture at levels above 1,000 parts per million.

(b) On and after January 1, 2019, a manufacturer of a children's product or upholstered residential furniture intended for sale or use in the state shall include a label on such children's product or upholstered residential furniture that (1) is clearly visible to the consumer prior to purchase, and (2) indicates whether or not the product or furniture contains any added flame retardant chemical by including the following flame retardant chemical statement:

"The materials in this product:

___contain an added flame retardant chemical

___contain NO added flame retardant chemicals

The State of Connecticut has determined that the fire safety requirements for this product can be met without adding flame retardant chemicals. The state has identified many flame retardant chemicals as being known to, or strongly suspected of, adversely impacting human health or development."

A manufacturer of children's products or upholstered residential furniture shall indicate the absence or presence of an added flame retardant chemical by placing an "X" in the appropriate blank of such flame retardant chemical statement.

(c) The Department of Consumer Protection shall enforce the provisions of this section. The Commissioner of Consumer Protection shall adopt regulations, in accordance with chapter 54 of the general statutes, to implement the provisions of this section. The regulations shall establish minimum penalties for a manufacturer's failure to comply with such provisions.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2018

New section

Statement of Purpose:

To reduce exposure to unsafe flame retardant chemicals.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]